Chen v Minister for Immigration & Multicultural Affairs [1999] FCA 364

Chen v Minister for Immigration & Multicultural Affairs [1999] FCA 364

Because the applicant did not appear, the stated grounds of review were generic and unsupported by particulars, the Tribunal's reasons disclosed nothing on their face giving rise to the grounds relied on, and the sick leave certificate did not show that the applicant was unable to attend Court, the application was dismissed with costs.

Jurisdiction
Australia
Judgment Date
29 March 1999
Procedural Posture
Application for Review of a Decision of the Refugee Review Tribunal Affirming Refusal of a Protection Visa / Hearing in the Federal Court; Applicant Absent
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'failure to Appear' 'dismissal of Application' 'judicial Review Grounds']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal Review' 'failure to Appear' 'dismissal of Application' 'judicial Review Grounds']

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Procedural Posture

Application for Review of a Decision of the Refugee Review Tribunal Affirming Refusal of a Protection Visa / Hearing in the Federal Court; Applicant Absent

Legal Issues

  1. 1 ["Whether the Court should dismiss the application or proceed in the applicant's absence under Order 32 rule 2(1)." "Whether the Refugee Review Tribunal's reasons disclosed any ground of review relied on by the applicant." 'Whether the late sick leave certificate justified any different course.']

Ratio Decidendi

Because the applicant did not appear, the stated grounds of review were generic and unsupported by particulars, the Tribunal's reasons disclosed nothing on their face giving rise to the grounds relied on, and the sick leave certificate did not show that the applicant was unable to attend Court, the application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • ['The Application be dismissed.' "The Applicant pay the Respondent's costs of the proceedings." 'The Respondent inform the Applicant in writing as soon as practicable of these orders and of the provisions of Order 35 Rule 7 of the Federal Court Rules.']